Telangana High Court
Shaik Musheer vs Union Of India on 6 February, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.2938 OF 2025
ORDER:
This writ petition is filed seeking the following relief:
" ... to issue a Writ Order or direction more particularly
one in the nature of Writ of Mandamus declaring the action of
the Respondent No.2 in not processing the application vide
No.HY4077097504924, dated 07.11.2024 for renewal of the
Petitioner's Passport bearing No.Y1777068 issued on
10.04.2024 and the same is going to be expired on 09.04.2025
for 10 years on the ground of pending 2 criminal cases as
illegal, arbitrary, unjust, unconstitutional and in violation of
principles of natural justice and consequently direct the
Respondents to process the Application No.HY40770
97504924, dated 07.11.2024 submitted by the Petitioner for
renewal of passport bearing No.Y1777068 issued on
10.04.2024 and the same is going to be expired on 09.04.2025
for 10 years and to pass."
2. Heard Sri Sarwath Mehdi Khan, learned counsel
representing Sri M.A.K.Mukheed, learned counsel for the
petitioner and Sri A.Nehru, learned Standing Counsel for
respondents.
3. With the consent of learned counsel for the parties, the
writ petition is being disposed of at the stage of admission.
4. After hearing learned counsel appearing for the petitioner
as well as the respondents, it appears that the issue was
considered by 2 Co-ordinate Benches in W.P.Nos.8697 of 2023
and 22218 of 2024. Both the learned Single Judges referred the
Hon'ble Supreme Court Judgment in Vangala Kasturi
Rangacharyulu v. Central Bureau of Investigation 1 and
came to the finding that mere pendency of criminal case cannot
be a ground to decline the renewal/reissue of passport provided
that the petitioner is ready for renewal/reissue of passport. In
this case the petitioner is also ready to cooperate with the Trial
Court in concluding the trial and he is also willing to cooperate
with the pending proceedings. In Vangala Kasturi
Rangacharyulu (supra), the Hon'ble Supreme Court held that
the Passport Authority cannot refuse the release of passport on
the ground of pendency of criminal proceedings and accordingly
directed the Passport Authority to renew the passport of the
petitioner without raising objection relating to pendency of
criminal proceedings.
5. This Court is accordingly of the view that the Writ Petition
can be disposed of by directing the petitioner to submit a reply
to the letter dated 31.12.2024. The respondent No.2 shall
consider the reply submitted by the petitioner and take steps for
renewal of the passport in due compliance of the findings of the
1 2020 Crl.L.J.(SC) 572
Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu
(supra). The directions are as follows:
(i) The petitioner shall submit an undertaking along with
an affidavit before the learned Principal Junior Civil
Judge, Bodhan in Crime Nos.89 of 2022 and 210 of 2022
stating that the he will not leave India during pendency of
the said crimes without permission of the Court and he
will cooperate with the Trial Court in concluding the
criminal proceedings.
(ii) The Trial Court shall issue a certified copy of the
undertaking and affidavit within 2 weeks from the date of
filing of the undertaking.
(iii) The petitioner shall submit the certified copy of the
aforesaid undertaking along with the reply/explanation
before the concerned Passport Officer for consideration of
his application for release of passport.
(iv) The Passport Authority shall consider the documents
in the light of the observations made by the Courts as well
as the undertaking and other documents filed by the
petitioner. The petitioner shall also be at liberty to rely on
the decisions in this regard. The petitioner shall deposit
the original passport before the trial Court in criminal case
for renewal of the passport. The petitioner shall at liberty
to file an application before the learned Principal Junior
Civil Judge, Bodhan seeking permission to travel outside
India and the learned Magistrate, shall consider the same
in accordance with law.
6. With the above observations, the Writ Petition is disposed
of. No costs.
Miscellaneous petitions, if any, pending in this writ
petition shall stand closed. There shall be order as to costs.
_______________________
J. SREENIVAS RAO, J
Date: 06.02.2025
Note: Issue CC in two days
b/o
vsl
